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(영문) 전주지방법원 2014.07.03 2013가단21866
건물명도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a company producing charcoals and lumbers by using wood at the seat of Jeon-gun, Jeon-gun, North Korea, and owns the instant building as a factory with the above-mentioned facilities for producing charcoal and its affiliated buildings at the above location.

B. The Defendants occupy the part of the instant building owned by the Plaintiff Company.

[Evidence] Each entry of Gap evidence Nos. 1, 14, 17, 18, 28 through 32 (including paper numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, the defendants are obligated to deliver the part of the building in this case to the plaintiff company unless they prove that there is a legitimate title to possess the part of the building in this case.

B. The Defendants’ defense and determination are the actual representative director of the Plaintiff Company, and Defendant C is working normally in the part of the instant building. Defendant B transferred the instant research institute to provide technology to the Plaintiff Company in accordance with F’s business partnership agreement with the Korea E-Research Institute (hereinafter “Research Institute”), and occupied and used the instant research institute. Meanwhile, the F, the representative director on the Plaintiff Company’s registry, was investigated by the Forestry Office from Sep. 30, 2013 to Oct. 31, 2013, was investigated by the Plaintiff Company, and did not work in the Plaintiff Company from Sep. 30, 2013. The Defendants maintained the factory while residing in the instant part of the instant building. Accordingly, the Defendants asserted that there is a legitimate right to possess and use the instant part of the building.

Therefore, comprehensively taking account of the evidence mentioned above, Gap evidence Nos. 5, 7, 8, 10 (including paper numbers), and Eul evidence Nos. 2 (including paper numbers) and the overall purport of the pleadings, F and defendant B agreed on November 11, 2012 to acquire and operate the plaintiff company as well as the agreement between F and defendant B (the father of defendant C) to assume the management responsibility, and accordingly, they are the wife of defendant B on November 12, 2012.

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